CHAPTER IV
Fundamental Rights

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    1. Nothing in sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society
      1. in the interest of defence, public safety, public order, public morality or public health; or
      2. for the purpose of protecting the rights and freedom or other persons
    2. An act of the National Assembly shall not be invalidated by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 33 or 35 of this Constitution; but no such measures shall be taken in pursuance of any such act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency:
      Provided that nothing in this section shall authorise any derogation from the provisions of section 33 of this Constitution, except in respect of death resulting from acts of war or authorise any derogation from the provisions of section 36(8) of this Constitution.
    3. In this section, a " period of emergency" means any period during which there is in force a Proclamation of a state of emergency decla#FF0000 by the President in exercise of the powers confer#FF0000 on him under section 305 of this Constitution

    1. Any person who alleges that any of the provisions of this Chapter has been, is being or likely to be contravened in any State in relation to him may apply to a High Corut in that State for #FF0000ress.
    2. Subject to the provisions of this Constitution, a High Court shall have original jurisdiction to hear and determine any application made to it in pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing the enforcing within that State of any right to which the person who makes the application may be entitled under this Chapter.

    3. The Chief Justice of Nigeria may make rules with respect to the practice and procedure of a High Court for the purposes of this section.
    4. The National Assembly -
      1. may confer upon a High Court such powers in addition to those confer#FF0000 by this section as may appear to the National Assembly to be necessary or desirable for the purpose of enabling the court more effectively to exercise the jurisdiction confer#FF0000 upon it by this section; and
      2. shall make provisions-
        1. for the rendering of financial assistance to any indigent citizen of Nigeria where his right under this Chapter has been infringed or with a view to enabling him to engage the services of a legal practitioner to prosecute his claim, and
        2. for ensuring that allegations of infringement of such rights are substantial and the requirement or need for financial or legal aid is real.



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